A Pennsylvania Jury has determined that a gynecologist is responsible for paying for a patient's cancer after failing to order an ultrasound. The case is Chasidy Plunkard v. Charles H. Marks, D.O. and WellSpan OB/GYN, No. 1:18-cv-01536-JPW.
In January of 2016, Charles Marks, a gynecologist at WellsSpan OB/GYN evaluated Chasidy Plunkard, during an appointment after an ultrasound found a complex cyst on her right ovary. Plunkard had experienced irregular bleeding, which was consistent with a thickened endometrial lining which was also revealed by the ultrasound. During Marks' exam, he performed an endometrial biopsy in order to rule out uterine cancer. According to Plunkard, Marks did nothing about the cyst he also found on the ultrasound. He allegedly failed to document the cyst in his office notes and did not order a repeat ultrasound to reassest the complex cyst. Punkard was advised that she did not need to return to the office.
Over the next few months Plunkard saw multiple providers for various other complaints. In March, 2017 she underwent exploratory laparoscopic surgery and the removal of her gallbladder. During that surgery, Plunkard was found to have was diagnosed with Stage IVB metastatic cancer, suspected to be of gynecologic origin, throughout her abdomen.